Section 21
of Anti-Terrorism (Terrorist Financing) Regulations, 2013
Section 21
(1)
The provisions of these Regulations shall apply without prejudice to the rights of bona fide third parties.
(2)
Upon the designation of a person under regulation 6(1) or 7(1), the
Authority shall cause to be published a notice available to the public on the internet and any newspaper distributed in Brunei Darussalam calling upon any third party who claims to have any interest in any property belonging to or in the possession of the designated person to show cause as to why the property shall not be frozen.
(3)
A third party's lack of good faith may be inferred by the Authority from the objective circumstances of the case.
(4)
The Authority shall release the property to the claimant when it is satisfied that -
(a)
the claimant has a legitimate legal interest in the property;
(b)
no participation, collusion or involvement with respect to the terrorist act or terrorism financing act can be imputed to the claimant;
(c)
the claimant lacked knowledge and was not intentionally ignorant of the illegal use of the property, or if he had knowledge, did not freely consent to its illegal use;
(d} the claimant did not acquire any rights in the property from a person proceeded against under circumstances that give rise to a reasonable inference that any right was transferred for the purpose of avoiding the eventual subsequent freezing of the property; and
(e} the claimant did all that could reasonably be expected to prevent the illegal use of the property.
(5)
The Authority shall also release the property to the claimant when it is satisfied that
(a)
the claimant has the same or similar name as designated persons;
and
(b}
the claimant has been confirmed not to be the designated person on the List.
(6)
Where a designated person owns or controls property in respect of which persons whose name is not included also have a segregable interest
(a}
the freeze shall be directed only against that share of the property owned or controlled by the designated person; and
(b)
the Authority shall ensure where possible that the designated person is not able to exercise his or its interest in the property, directly or indirectly, including by issuing instructions regarding any benefit, financial or otherwise, that may accrue from the property.
Power to request information.